Legal Documents, Jewish Religious Courts; Property Documents
View interactive document pageThis item contains legal documents that pertain to the Baghdadi Jewish community. May of the documents are correspondence between the Jewish Religious Courts and different third parties concerning legal matters of Iraqi Jewish citizens. Also included is a 1964 Iraqi government publication concerning land and agrarian reform laws, and requests for information from the Iraqi government regarding properties and endowments owned by the Baghdadi Jewish community.
⟦scribble⟧ 17 December 937 attendance paper Headquarters of the Royal British Air Force in Iraq Sin el-Dhibban After greetings and respect We attach herewith a subpoena for the person named Yusuf Salman Shaya, an employee in the Meteorological Department. Please notify him and return the second voucher signed and certified according to the regulations. Sincerely. ⟦On behalf of⟧ Head of the Community
The Court of Justice in the Holy City of Baghdad, may God protect it The Jewish Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD Year: 5698 No.: Date: 11 Tishrei 5698 We witnessed ⟦...⟧ Hannah daughter of Salman Dalal ⟦...⟧ Kaya ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ In the year ⟦...⟧ Mansour ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ ⟦...⟧ Hazzan Aboud Presidency of the Jewish Community: Baghdad Special Number: 7217 Date: 17/12/937
4622 21 November 937 Notifications Department Baghdad You will find enclosed a summons for the person named Yusuf Salman ⟦H⟧aya, the employee in the Meteorological Department at the British Forces Center, Sin al-Dhiban, to be notified to him and returned to us signed and certified according to the regulations; ⟦illegible⟧ On behalf of Head of the Community
The Court of Justice of the Holy Community Baghdad, may God protect it The Israelite Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD Number: 569 Year: N': Date: 17 [Adar] 58 We, the undersigned below, testify that when we were sitting in the court in Baghdad before us and for our signature there came before us Yosef Kadouri Yitzhak Avraham Levi and said to us Be witnesses for me and acquire from me with a complete and perfect acquisition from now with a vessel fit for acquiring with it that I admit and acknowledge before you a complete and final admission that I received from the hand of my wife Mrs. Farha daughter of Salman Abdallah a sum of one hundred and fifty Iraqi Dinars cash in hand and I have no claim or demand against her at all or in essence Done on the day 17 Adar year 5718 Yosef Kadouri Moshe Levi Presidency of the Israelite Community Special Number 2499 Date 19/3/58
10 January 938 His Eminence, the President of the Honorable Israeli Religious Court Reference to your letter No. 328 dated 5 Cheshvan 698 We return to you herewith the second coupon of the summons paper signed by Saleh Salman Qahtan and duly certified; ⟦illegible⟧ Head of the Community ⟦illegible⟧
Iraqi Government Ministry of Justice Please refer to the general number Department: External Notifications General Number: 1/25/207 Special Number: Telegraphic Address: Adliya Date: 4 Dhu al-Qi'dah 1356 5 January 1938 Subject Summary: ⟦line⟧ Presidency of the Jewish Community in Baghdad Reference to your letter numbered 4576 and dated 7 October 937 We return to you herewith the second coupon of the summons form signed by Saleh Salman Qahtan and duly certified. ⟦illegible⟧ On behalf of the Minister of Justice Presidency of the Jewish Community Baghdad Special Number 7742 Date 7 / 1 / 1938 A. S.
Directorate of Consular Affairs ⟦17 / 10 / 1⟧ ⟦9⟧ December 1937 Subject - Notification of a subpoena Ministry of Justice Reference to your letter numbered A/25/1607 and dated 16/11/1937 . We return to you herewith the subpoena addressed to Saleh Salman Qahtani after it has been explained and signed in accordance with the procedures . ⟦illegible⟧ On behalf of the Minister of Foreign Affairs 12/28
4572 17 October 937 Ministry of Justice Baghdad Reference to your letter No. 9 / 1607 dated 17 October 937 The address of the person named Saleh Salman Qahtan, who is to be notified, is via his brother Heshmat Salman Qahtan - Khiyaban Cheragh Bargh - Tehran - 4 ⟦illegible⟧ Head of the Community
Iraqi Government Ministry of Justice Please refer to the general number Foreign Notifications Department: General Number: 1607/25/A Special Number: Telegraphic Address: Justice: Date: 12 / Sha'ban 1356 17 / October 937 Subject Summary :: ⟦line⟧ Presidency of the Jewish Community in Baghdad Reference to your letter numbered 4567 and dated 11 October 1937. Please inform us of the address of the person to be notified with the summons paper named Saleh Salman Qahtan, as the address provided was not sufficient to find him. ⟦illegible⟧ For the Minister of Justice Presidency of the Jewish Community Baghdad Number ⟦illegible⟧ 2169 17 / 10 / 937 A. S / 16
Iraqi Government Ministry of Justice Foreign Notifications Department Please refer to the general number General Number: 2511 / 1607 Private Number: Telegraphic Address: Justice Date: 14 / Shaban 1356 19 / October 1937 Subject Summary: Notification of a summons Ministry of Foreign Affairs ⟦Respectable⟧ - Baghdad - We present to you herewith a summons issued by the Sharia Court of the Jewish Community in Baghdad and we request the order to notify it to the defendant Saleh Salman Qahtan via his brother Heshmat Salman Qahtan - Cheragh Bargh Street - Tehran and to return the lower part of the summons signed and certified as per the regulations. ⟦signature⟧ On behalf of the Minister of Justice A copy for information to " - The Presidency of the Jewish Community in Baghdad with reference to its letter numbered 4576 dated 17 / 10 / 1937 M.A. / ⟦illegible⟧ For filing Presidency of the Jewish Community General Number 7177 Date 22 / 10 / 1937
4567 11 October 937 Ministry of Justice We attach herewith a summons for the person named Saleh Salman Kahtan residing in Tehran requesting it be notified to him and the second copy returned signed and certified according to the rules; Alawi Head of the Community 21 ⟦illegible⟧
The Court of Justice of the Holy Community Baghdad, may God protect it The Israelite Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD No.: ⟦228⟧ Year: 569 Date: ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ ⟦illegible⟧ Witness ⟦illegible⟧ Witness ⟦illegible⟧ Presidency of the ⟦illegible⟧ Noble: Special Number: 7162 Date: 11 / ⟦illegible⟧ / ⟦illegible⟧
⟦illegible⟧ 27 December 937 His Eminence, the President of the Jewish Religious Court, the Respected Reference to your letter No. 297 dated 16 Tevet 98 Based on the letter from the General Directorate of Posts and Telegraphs No. AZ / 575 dated 23 December 937 to this department, the employee Salim Yusuf receives a nominal salary of ten dinars per month; ⟦illegible⟧ Head of the Community
Iraq Directorate General of Posts and Telegraphs Telegraphic Address: Postgen Baghdad (Personnel Affairs Department) Number: Z/575 Date: December 23, 1937 To The Presidency of the Jewish Community In Baghdad Subject: Salim Yusuf. Your letter No. 4670 dated 12/21/1937. Salim Yusuf, an employee in this administration, receives a nominal salary of 10/- (ten dinars) per month. On behalf of the Director General of Posts and Telegraphs ⟦signature⟧ ⟦Accounts⟧ ⟦signature⟧ Presidency of the Jewish Community: Baghdad: Private Number: 2225 Date: 12/24/1937 S. D.
427 21 December 937 Directorate General of Posts and Telegraphs Based on the request of the Jewish Religious Court in Baghdad, it is necessary to inform us of the amount of the monthly salary received by Mr. Salim Yusuf Rahima, the employee at the Al-Samawal Post Office ⟦illegible⟧ Head of the Community
The Court of Justice of the Holy Community Baghdad, may God protect it The Israelite Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD No.: 297 Year: 5698 Date: 16 Adar ⟦...⟧ Testimony to me from the presence of the honor of ⟦...⟧ K.M. Menachem Ephraim ⟦...⟧ in Baghdad In the name of God we shall do For it was declared to me from the presence of the wife of Joseph, Rachel ⟦...⟧ in Baghdad ⟦...⟧ ⟦...⟧ Nissim Kadoorie Yitzhak Hayyim ⟦...⟧ Presidency of the Israelite Community Baghdad Number ⟦...⟧ 224 Date 21 / 8 / 1938
4595 <del>25</del> October 937 28 Notifications Department Baghdad We attach herewith a final notice paper to Maryam Nahoum, residing in Al-Khalidiya quarter, house No. 11/1/135, to be notified to her and to return the second voucher signed and certified as per the regulations; For On behalf of Head of the Community ⟦illegible stamp⟧
The Court of Justice of the Holy Community Baghdad, may God protect it The Israeli Religious Court in Baghdad JEWISH RELIGIOUS COURT BAGHDAD ⟦line⟧ No.: Date: 9 Tishrei ⟦illegible⟧ Year: 569 I, Habib Nissim Fattal, received from the property of the endowment of the late Abraham Fattal, of blessed memory, from the hand of the appointed ones, and they are To the honor of the Rabbi Abraham Nissim ⟦...⟧ the master Rabbi A sum of 2 Dinars, ⟦11/125⟧ Fils from the rent of the shops of the mentioned endowment for the month of Tishrei ⟦...⟧ 569 according to the receipt which is in my hand, and with this I have written Habib Nissim Fattal The Court of Justice Hugi Baghdad
⟦illegible⟧ 14 December 937 His Eminence, the President of the Honorable Israelite Religious Court Reference to your letter dated 10 Kislev 97 The teacher Salim Shamoun Samouha receives a monthly salary of 10/875 Dinars ⟦illegible⟧ Head of the Community ⟦illegible stamp⟧
Directorate Baghdad Education District Please refer to the full number: Number: M 50 Sh / 9171 Date: 8 / 10 / 1356 11 / 12 / 937 Subject To the Presidency of the Jewish Community in Baghdad Reference to your letter numbered 4635 and dated 24 / 11 / 937 The salary amount for the teacher Salim Shamoun Samouha is 5.875 Dinars Please be informed accordingly. ⟦signature⟧ Director of Baghdad Education District Presidency of the Jewish Community: Private Number: 2212 Date: 14 / 12 / 937 10 Sh
22 November 937 Directorate of Baghdad Education District Based on the request of the Israeli Religious Court in Baghdad, please inform us of the amount of the monthly salary received by Mr. Selim Shamoun Samouha the teacher at the Al-Haydariya School for Boys; on behalf of Head of the Community ⟦illegible⟧
Committee Number Number Lawyer ⟦illegible⟧ Raed ⟦illegible⟧ Telephone ⟦illegible⟧ Case File Number: Client: His Representative: Opponent: His Representative: Court: Judge: Type of Lawsuit: Date of Filing Lawsuit: Cassation Number: Result: Execution File Number:
In the name of God, the Most Gracious, the Most Merciful Ministry of Justice Baghdad District Court of Appeal Case Number ⟦11⟧ / S / 963 Judgment Number (141) The Baghdad District Court of Appeal was formed on 10/15/964 by Vice President Mr. Abdullah al-Damlouji and the membership of Messrs. Mustafa Jawad and Ahmed Saleh al-Bayati, authorized to adjudicate in the name of the people, and issued the following decision:- Appellant: Hamid al-Obaidi, his attorneys are the lawyer Mr. Abdul Jabbar al-Tikriti and Mr. Hussein al-Haj Ali. Appellee: Chairman of the Administrative Committee for Jews, in addition to his trusteeship over the endowments of Menachem and Sassoon Daniel, his attorneys are the lawyers Messrs. Hassan Abdullah Muzaffar, Muhammad Salem Zaidan, and Sharul Moss. Date of notification of the primary judgment - 1/5/963. Date of filing the appeal - 1/8/963. The plaintiff, Hamid Majid al-Obaidi, claimed before the Karkh Court of First Instance in case number 45 / 961 that an agreement was previously reached between him and the defendant, Emil Saleh Shlomo, the trustee of the Menachem Daniel endowments, through his attorney, the lawyer Edwar Yaqoub, pursuant to two contracts certified by the notary public on 11/24/960, that the defendant, in his capacity as an agent, would waive the rental fees due to the aforementioned endowment from the 297 / 504 share belonging to the shops and the upper rooms thereof located in Khan Ajfan in the Bab al-Agha neighborhood for a period of three years starting from Jumada al-Awwal 1380 in exchange for an amount of (279,001 / -) dinars, which the defendant received from him in cash as it equals the rental fees agreed upon with the occupants of the shops. He received from the rental fees an amount of one thousand five hundred dinars in cash and one thousand seven hundred and eighty-five dinars by promissory notes drawn to the order of the defendant and endorsed in his name, due on their respective dates. Whereas the defendant concluded another contract with Mr. Khairi Hassoun al-Aghwan certified by the Kadhimiya notary public for a period of two years starting from 1/1/961, and Mr. Khairi issued warnings in this regard to the occupants of the shops and rooms in Khan Ajfan demanding that they pay the rental fees to him or to the Kadhimiya notary public. Thus, the defendant has violated the terms of the two contracts concluded between them, so he was forced to request a precautionary seizure. The court decided to place a precautionary seizure on the defendant's property located in his house and on his shares in the Zia Hotel. The plaintiff requested to bring the defendant for trial and to rule against him to rescind the contract and pay the claimed amount of (24,615 / -) twenty-four thousand six hundred and fifteen dinars with the penal clause amounting to eight thousand dinars and legal interest from the date of filing the lawsuit until actual payment, and to confirm the precautionary seizure that took place, and to charge the defendant all costs, fees, and attorney fees. After conducting the trial, the aforementioned court decided on 12/18/962 to dismiss the plaintiff's lawsuit and charge him all trial costs, lift the precautionary seizure that took place, and charge the plaintiff attorney fees amounting to five dinars. The plaintiff appealed this judgment before the Baghdad Court of Appeal within the legal period and requested its rescission and to compel the defendant, in addition to his trusteeship, to return the claimed amount of (24,615 / -) dinars and to rule against him for interest, as well as to rule for the penal clause and to confirm the precautionary seizure that took place in the seizure case numbered ⟦1 / 961⟧. The court heard the statements of both parties and examined the appealed primary case file, and since nothing remained for the parties to say, the conclusion of the trial was ended.
File Number 11 / S / 63 ( 2 ) The Decision - Upon scrutiny and deliberation - the court found that the appeal focused on the fact that the decision of the Court of First Instance, which dismissed the lawsuit of the appellant's client on the grounds that the agent exceeded his authority and his general capacity, is contrary to the law. This is because the text of the decision established that the agent, Edward Yaqub Shashoua, has the right to (lease all properties, lands, and common shares belonging to me and the properties of the endowment referred to above to whomever he wishes for the consideration he deems appropriate, and to receive the rental payments for the mentioned properties and endowments, sign lease contracts and terminate them, and sign contracts, and he has the right of performance - and waiver regarding my private properties only, and to settle with tenants and acknowledge). The judgment added (that he concluded two assignment contracts for a period of three years for a known consideration in his capacity as an agent for the trustee of the Menahem Daniel endowments. It was proven that the agent exceeded the limits of his agency and concluded the two assignment contracts, and that he entered into these two contracts to the detriment of the endowment's interest) even though - the trustee of the endowment or his general agent has the right to lease the endowed real estate or assign its rental payments for a period of three years. Just as he may initiate lease contracts for the endowment's investments and collect their fees, he has, a fortiori, the right to waive the payments and receive the consideration, and these actions are considered nothing but acts of administration that he has the right to practice legally. And this leasing of the endowments or the assignment of the lease in exchange for a consideration does not involve harm to the endowment, but rather it benefited from it with a certain benefit. And his general authority as an agent is a general authority according to what was stated in the power of attorney regarding the right to lease for the consideration he wishes and to receive the rental payments, so the assignment includes them as well. It was also stated at the end of the power of attorney that the agent may exercise all authorities granted to me by the law and which I can use for the same law. And the Court of First Instance bound itself when it made the agency general, so the general agent has the right to perform all possible dispositions. Since the agent acknowledged receiving the amount for which the assignment took place, the decision of the Court of First Instance is contrary to the law and its reversal and the dismissal of the appeal were requested. And the agent of the appellee replied that the contract of assignment to other persons is considered equivalent to borrowing and taking loans on behalf of the endowment, so the trustee does not possess the right to waive the rental payments as the authorities possessed by the agent were specified and limited to assignment, waiver, and discharge regarding his private properties; this is in addition to the fact that the trustee does not possess the authority to waive, so he does not possess the right to give it to others. Because the endowment deed (Waqfiyya) specified the authorities of the trustee and they do not include the aforementioned assignment in the two contracts; this is in addition to the fact that the disposition occurred during a period dominated by suspicion and doubt, so no responsibility is attached to the endowment as a result of that in any case. And since, by referring to the endowment deed which indicates the rights enjoyed by the trustee, it was found that before the conditions of expenditure and the monitoring of this disposition were changed by the committee appointed by the endowment deed, it was devoid of anything indicating a restriction on the trustee in exercising his rights stipulated by the jurists of Islamic Sharia. Also, after some of its special conditions regarding the aspects of expenditure were changed and a special committee was established to supervise the trustee in the aspects of expenditure and the organization of the endowment budget, it did not appear therein that the trustee's rights, which were recognized by Islamic Sharia, had been restricted. Accordingly, the trustee's rights were not subject to any of the restrictions that prevent the trustee or his agent from leasing the properties or assigning them in exchange for a specific amount. And since, by referring to the power of attorney given by the trustee to Edward Yaqub Shashoua in his capacity as a trustee over the endowments whose leases were assigned to the appellant, the court finds that it stipulates that the trustee has authorized Edward Yaqub to perform the following acts: (1) in leasing all properties, lands, state lands, and common shares belonging to me and the properties of the endowment referred to above to whomever he wishes and for the consideration he deems appropriate, and to receive the rental payments for the mentioned properties and endowments and to sign lease contracts (to be continued)
( 2 ) File Number 11 / S / 63 and its rescission, and over contracts, and he has the right of release and discharge regarding my private properties only, and settlement with tenants and acknowledgment. ) And at the end of the power of attorney it stated ( and in summary, the aforementioned is my agent for following up all lawsuits to the last degree of the courts, and he has the use of all powers granted to me by the law and which I can legally use myself to protect my rights in general ) and it was found that the power of attorney was on 10 / 4 / 1955, meaning that it was under the provisions of the Civil Code, and since based on this phrasing used in the power of attorney, it becomes a general power of attorney for the rights granted therein after it stated at its end that the agent has the use of all powers granted to him by the law. Accordingly, it includes every type of property leasing, including ordinary leasing of endowed properties or the assignment of the lease of properties leased to others in exchange for a known consideration because it is not devoid of the compensation contracted from the lease. Accordingly, the action of the trustee's agent in leasing the endowed properties by way of assignment is not considered a departure from the power of attorney granted to him. And since, nevertheless, it must be asked whether this assignment binds the endowment after the court characterized it as being subject to the provisions of Article 362 of the Civil Code, which requires knowing whether the provisions of Article 363 of the Civil Code were applied, i.e., whether the assignment was executed or not. The appellant's agent replied in his brief stating that the legal provisions related to the assignment of right make the appellant in the position of the assignee, and the appellee in the position of the assignor, and the tenant in the position of the assigned parties, and the lease considerations in the position of the assigned right. And the provisions of the assignment specific to the lawsuit are governed by Articles 262, 268, 267, and Article 362 of the Civil Code, as well as Article 271 regarding the trustee, and in light of them, the appellee has received an amount of ( 27600 ) dinars according to the two contracts presented in the lawsuit, while the tenants owed only ( 2285 ) dinars, and part of the installments was documented by promissory notes endorsed by the assignor to the appellee for the order of our client. And he did not hand over the documents of the assigned right, and thus there remained of the assigned right ( 24615 ) dinars ⟦likewise⟧ without a document, and the assigned parties have paid what they owed of the right, so it is no longer important to know whether the acceptance had a fixed date or not, and the responsibility of the assigned parties is organized by the texts of Articles 362 and 363. And since the law has permitted the object of the obligation to be non-existent at the time of contracting if it is possible to obtain in the future etc. ( Art. 129 Civil Code ) and the intention of the contracting parties was directed towards collecting the assigned right from the lease considerations, however, the appellee leased the real estate to Khairi Hassoun Al-Ansari for a period of two years falling within the period of the two assignment contracts, and Khairi Hassoun received the lease considerations, and this led to the loss of the appellant's rights. And since by referring to the legal principles specific to the assignment contract relied upon by the appellant in his defenses, we find that the assignment was accepted by the assigned parties, and therefore it became effective against them and on this basis, the assignee has the right to recourse against them to collect his right from them, and he does not have the right to request recourse against the contracting party on the pretext that he leased to others because the assignment was for compensation, so the assignor only guarantees the existence of the assigned right at the time of the assignment, Art. 368 Civil Code, which is what the appellant's agent admitted in his brief. So leasing the property to others by the lessor does not affect the rights of the tenant, and he has recourse against the assigned parties, and if that is impossible, he has recourse to the judiciary to obtain what they owe to the appellant. This is in addition to the fact that the payment of the claimed amount to the appellee is a matter that was not confirmed, as the appellant claims that the acknowledgment of the trustee's agent of receiving the amount was to prove the delivery of the amount ( 27600 ) dinars to the endowment without this amount appearing in the endowment's budget when the court brought it ( To be continued )